During the first 30 days after construction activity resumed on June 8, the department will focus on educating and helping the industry learn how to implement new procedures.
The New York City Department of Buildings released new COVID-19 safety guidelines for property owners and contractors as 33,556 non-essential construction sites get back to work as part of New York City's entrance into Phase One of New York State's reopening plan, which started June 8, 2020.
These new required safety measures for construction sites were developed in partnership with the New York City Department of Health and Mental Hygiene (DOHMH) and are being implemented to prevent the spread of the novel coronavirus to workers and the public during the ongoing COVID-19 pandemic. Read the guidelines.
"The pandemic is slowly receding because New Yorkers did what we do best — we came together and made the necessary sacrifices to protect our families and neighbors," said Department of Buildings Commissioner Melanie E. La Rocca. "As we restart the economic engine that is our construction industry, there is no excuse to abandon the social distancing and health measures that we know save lives. Our health and safety guidelines are crystal clear, and we will be out in force, sweeping every work site in the city, to ensure compliance."
"As we emerge from the COVID-19 pandemic and rebuild as a city, we need all New Yorkers to continue taking public health measures to protect each other's health," said Health Commissioner Dr. Oxiris Barbot. "The precautions are in place to keep workers safe, and the health of our city depends on them being followed."
The newly released guidelines will apply to all construction activity in New York City during the ongoing COVID-19 public health emergency, until the state rescinds or amends its Executive Order and related guidance. Stop Work Orders previously issued by the department for noncompliance with the state's non-essential construction ban has been lifted. This does not apply to any sites that illegally continued work even after they were issued a Stop Work Order for violating the ban, and have outstanding civil penalties.
In addition to following the guidelines, employers are also required to develop a site-specific health plan that is prominently visible on work sites. They will also be required to submit and display an affirmation to the state that they have read and understood the additional reopening requirements as required in the NYS Interim Guidelines.
To ensure compliance with these new health requirements, DOB inspectors will be conducting a safety inspection sweep of every permitted construction site in New York City, and following up with additional periodic checks of active work sites. The public can also call 311 to report sites not following COVID-19 safety measures for inspection. During these sweeps, our inspectors will be looking for the following:
- Compliance with social distancing protocols. Six ft. of distance should be observed between all personnel, unless safety or work functions require shorter distance.
- Anyone on site, including workers, other construction professionals and approved visitors, who are less than six ft. apart must wear face coverings. Maintaining this practice at all times is highly encouraged.
- Readily available hygiene and hand washing stations.
- COVID-19 safety measures signage visible to workers, reminding everyone to adhere to all safety protocols while on site, including proper hand hygiene, physical distancing rules, appropriate use of personal protective equipment, and cleaning and disinfecting protocols.
- Tightly confined spaces (e.g., elevators, hoists) occupied by only one individual at a time, unless all occupants are wearing a face covering and the space is kept under 50 percent maximum capacity.
- Fifty percent capacity signage must be posted within the cab and at each landing.
- A site safety monitor must be designated. The role's responsibilities include continuous compliance with all aspects of the site safety plan.
- Safety plan(s) are conspicuously posted on site and include a copy of the submitted state affirmation.
- Properly completed and updated cleaning and disinfection logs.
- A communication plan for employees, visitors and clients is on site.
- Correctly completed and updated logs of every person who may have had close contact with others on site to ensure effective contact tracing.
During the first 30 days after construction activity resumed on June 8, the department will focus on educating and helping the industry learn how to implement these new procedures, while providing onsite guidance on best practices to contractors and site safety professionals. Initial DOB violations for noncompliance with these regulations, issued during these first 30 days, carry no financial penalty. Following this 30-day period, subsequent violations will result in financial penalties, and continued noncompliance may result in Stop Worker Orders and additional summonses with accompanying civil penalties of up to $5,000 for each offense.
The issued COVID-19 guidelines are the minimum requirements for sites to operate safely. The DOB said owners are welcome to implement enhanced safety measures as they see fit to protect their workers. To protect its teams out in the field, all DOB personnel will continue to wear gloves and masks while in public and its offices will be reconfigured to promote social distancing.
"As we pursue reopening, we must remain conscious of the steps we need to take to keep ourselves, our families and our communities safe," said Council Member Robert E. Cornegy, Jr., chair of the committee on housing and buildings. "I welcome the Department of Buildings COVID-19 safety guidelines and the plan for inspections to ensure worksites reopen safely. Innovating, adapting, and making timely adjustments have all been important features of DOB's response to the this crisis. As we reopen, DOB must continue to take that same thoughtful policymaking and on-the-ground follow up forward."
"The health and safety of all construction workers is our number-one priority, and as such, the building trades, union contractors, and the real estate community are working hand-in-hand with the department of buildings to ensure that workers can return to construction sites in a safe and healthy manner," said Gary LaBarbera, president of the Building and Construction Trades Council of Greater New York; Louis J. Coletti, president and CEO of the Building Trades Employers' Association; and James Whelan, president of the Real Estate Board of New York. "Construction has jump-started New York's economy in the past, and we're confident that this time around will be no different."
"Construction is part of the foundation of New York City and will be critical to our economic recovery," said Carlo A. Scissura, Esq. president & CEO of New York Building Congress. "The health of our workforce is paramount, and as all sites reopen across the five boroughs, it is essential that they operate in a safe manner. We look forward to continuing to work with Commissioner La Rocca and her team. Once again, the building industry will lead the way in helping our city progress."
"The COVID-19 pandemic has emphasized the critical need for leadership commitment to construction worker safety and health by every contractor in New York City," said Brian Sampson, Associated Builders & Contractors Empire State Chapter president. "Our members have been well ahead of the curve by evaluating and mitigating the risks associated with COVID-19 on job sites every day. We look forward to working with the department of buildings to move toward a permanent paradigm shift that raises the bar on safety and human health andhygiene protocols on construction job sites in the months and years to come."